Queensland Consolidated Acts

MANUFACTURED HOMES (RESIDENTIAL PARKS) ACT 2003 - SECT 40

40 Compensation order

(1) This section applies if the tribunal intends making a termination order, in relation to a site agreement, on the ground mentioned in section 38 (1) (f) .

(2) The tribunal must, in conjunction with the order, make an order (the
"compensation order" ) that the park owner pay the home owner compensation for the termination of the agreement.

(3) If the home owner intends relocating the manufactured home to another location if the termination order is made, the tribunal may have regard to the following when making the compensation order—

(a) the estimated costs of removing the home from the site;

(b) the estimated costs of transporting the home and the home owner’s personal effects to the other location;

(c) the estimated costs of positioning the home at the other location;

(d) anything else the tribunal considers relevant.

(4) Subsection (5) applies if—

(a) the home owner intends disposing of the manufactured home if the termination order is made; or

(b) the manufactured home can not be removed from the site and positioned at another location.

(5) The tribunal may have regard to the following when making the compensation order—

(a) the estimated costs of removing the home from the site, including, for example, the costs of dismantling the home;

(b) the estimated costs of transporting the home owner’s personal effects to the home owner’s proposed place of residence;

(c) anything else the tribunal considers relevant.

(6) In making the compensation order, the tribunal may only make an allowance for the costs mentioned in subsection (3) (b) or (5) (b) —

(a) if the estimated distance of transport is less than 300km—relating to the actual distance of transport; or

(b) if the estimated distance of transport is 300km or more—relating to a distance of transport of 300km.

(7) The amount payable under the compensation order is recoverable as a debt.